(A) The city owns and operates the city sewer system through the Board of Public Works and the Manager of the Board of Public Works.
(B) The city, for the purpose of constructing sewers, shall have the power to levy a tax not exceeding the maximum limits therefore as prescribed by the laws of the state, including, but not limited to, Neb. RS 17-508.02, as amended or superseded, upon the assessed value of all the taxable property, except intangible property, within the limits of the city.
(C) The city, for the purpose of owning, operating, constructing, maintaining and equipping the city sewage disposal plant and sewerage system, including any storm sewer system or combination storm and sanitary sewer system, and plant or plants for the treatment, purification and disposal, in a sanitary manner, of the liquid and solid wastes, sewage and night soil of the city, or for the purpose of improving or extending any existing storm or sanitary sewer system or combination storm and sanitary sewer system, is authorized and empowered to make a special levy, not exceeding the maximum limits therefore as prescribed by the laws of the state, including, but not limited to, Neb. RS 18-501(3), as amended or superseded, upon the assessed value of all the taxable property, except intangible property within the city.
(D) In the event that the present or proposed sewage disposal system of the city does not comply with the provisions of any other applicable law relating to sewer systems, sewage disposal or water pollution, the city shall levy each year a tax, not to exceed the maximum limits therefore as prescribed by the laws of the state, including, but not limited to, Neb. RS 18-501(4), as amended or superseded, until sufficient funds are available for the financing of a system in compliance with law; provided that, in the event that the city is otherwise raising funds for the purpose, equivalent to the maximum mill levy limit thus prescribed for the tax, it shall not be required, in addition thereto, to make the levy.
(E) The city, for the purpose of owning, operating, constructing and equipping the sewage disposal plant or sewerage system or improving or extending the existing system, may issue revenue bonds, as provided by the laws of the state, including, but not limited to, Neb. RS 18-502, 18-504 and 18-506.10, as amended or superseded, and it shall be the duty of the City Council to establish and charge just and equitable rates or charges to be paid to the city for the use of the sewage disposal plant and sewerage system by each person, firm or corporation whose premises are served thereby which shall be sufficient, at all times, to pay the cost of operation and maintenance thereof and to pay the principal of and interest upon all revenue bonds issued pursuant to those provisions and to carry out any covenants that may be provided in the ordinance authorizing the issuance of any bonds.
(F) The city, for the purpose of owning, operating, constructing and equipping the sewage disposal plant or sewerage system or improving or extending the existing system, is also authorized and empowered to issue and sell the general obligation bonds of the city, as provided by the laws of the state, including, but not limited to, Neb. RS 18-506 and 18-506.01, as amended or superseded.
(G) Pursuant to Neb. RS 18-1803, as amended or superseded, the city shall have the power to issue revenue bonds for the purpose of acquiring, constructing, reconstructing, improving, extending, equipping or operating any city sewer facility, within or without its corporate limits, and for any purpose necessary or incidental to any of the foregoing and for the purpose of refunding any bonds and for the purpose of refunding general obligation bonds of the city issued to construct part or all of the city sewer facilities, including refunding any general obligation bonds which may have been issued to refund any bonds issued to construct part or all of the city sewer facilities. General provisions relating to the form, sale, issuance and other matters concerning revenue bonds issued pursuant to Neb. RS 18-1803, as amended or superseded, shall be as provided by the laws of the state, including, but not limited to, Neb. RS 18-1804, may contain the covenants and provisions to protect and safeguard the security of the holders of the bonds as shall be deemed necessary to assure the prompt payment of the principal thereof and the interest thereon. The covenants and provisions may establish or provide for, but shall not be limited to, the payment of interest on the bonds from the proceeds thereof for the period as the City Council deems advisable, the creation of reserve funds from bond proceeds, revenue from the facility for or with respect to which the bonds were issued or other available money, the creation of trust funds and the appointment of trustees for the purpose of receiving and disbursing bond proceeds or the collection and disbursement of revenue from the facility for or with respect to which the bonds were issued; the limitations or conditions upon the issuance of additional bonds payable from the revenue of the facility for or with respect to which the bonds were issued; the operation, maintenance, management, accounting and auditing procedures to be followed in the operation of the facility; and the conditions under which any trustee or bondholders committee shall be entitled to the appointment of a receiver to take possession of the facility, to manage it and receive and apply revenue from the facility. Whenever, pursuant to Neb. RS 18-1803, as amended or superseded, the City Council shall have issued any revenue bonds or notes, the City Council shall establish, maintain, revise and collect charges and rates, throughout the life of the bonds, at least sufficient to provide for all costs associated with the ownership, operation, maintenance, renewal and replacement of the facility for or with respect to which the bonds were issued, the payment of the principal and interest on all indebtedness incurred with respect thereto and to provide adequate reserves therefor, to maintain the coverage for the payment of the indebtedness as the City Council may deem advisable, to maintain other reserves as provided in the ordinances authorizing the issuance of the bonds and to carry out the provisions of the ordinances.
(H) The City Council, for the purpose of paying for extensions and improvements of any public utilities consisting of a waterworks plant, water system, sanitary sewer system, gas plant, gas system, electric light and power plant or electric distribution system, may, as provided by the laws of the state, including, but not limited to, Neb. RS 19-1305 through 19-1307, as amended or superseded, issue and sell combined revenue bonds and securing the payment thereof by pledging and hypothecating the revenue and earnings of any two or more of the public utilities, and may enter into contracts in connection therewith as may be necessary or proper.
(I) The City Council, after the establishment of a system of sewerage and at the time of levying other taxes for city purposes, is authorized to levy a tax, not to exceed the maximum limits therefore as prescribed by the laws of the state, including, but not limited to, Neb. RS 17-925.01, as amended or superseded, upon the assessed value of all the taxable property in the city, except intangible property, for the purpose of creating a fund to be used exclusively for the maintenance and repairing of any sewers in the city; provided that, in lieu of the levy of the tax, the City Council may establish, by ordinance, the rates for the sewer service as may be deemed by them to be fair and reasonable, to be collected from either the owner or the person, firm or corporation requesting the services at the times, either monthly, quarterly or otherwise, as may be specified in the ordinance. The charges thus made, when collected, shall be placed in a separate fund and used exclusively for the purpose of maintenance and repairs of any sewers in the city.
(J) In addition to such charges, the city may make rental charges for the use of an established city sewerage system on a fair and impartial basis for services rendered, the revenue from the charges to be used only for the abatement or the reduction of ad valorem taxes being levied or to be levied for the payment of bonds outstanding or to be issued for the construction of or additions to the sewerage system.
(K) Pursuant to Neb. RS 18-509, as amended or superseded, the City Council may, by ordinance, set up a rental or use charge, to be collected from the users of the sewerage system, all money raised from the charges being used for maintenance or operation of the existing system, for payment of principal and interest on bonds issued as provided for herein, or to create a reserve fund for the purpose of future maintenance or construction of a new sewer system for the city, and any funds raised from the charge shall be placed in a separate fund and not be used for any other purpose or diverted to any other fund.
(L) The City Sewer Department shall be under the active direction and supervision of the Board of Public Works. The Board of Public Works shall have the power to operate the City Sewer Department and to exercise all powers conferred by law upon the city for the operation and government of the Department to the same extent, in the same manner and under the same restrictions as the City Council could do, except, however, the Board of Public Works shall not make any expenditure or contract any indebtedness, other than for ordinary running expenses, exceeding in amount $20,000, without first obtaining the approval of the City Council. The Manager of the Board of Public Works, hereinafter referred to as the Manager, shall have the direct management and control of the City Sewer Department and shall faithfully carry out the duties of his or her office. The Manager shall have the authority to adopt rules and regulations for the sanitary and efficient management of the City Sewer Department, subject to the supervision and review of the Board of Public Works.
(M) Before any project is advertised for bids or approved for construction, the plans and specifications shall first be approved by the Board of Public Works, as well as any appropriate state agencies.
(Prior Code, § 3-801) (Ord. 13-02, passed 9-9-2002)
Statutory reference:
Related provisions, see Neb. RS 17-145, 17-149 through 17-151, 17-154, 17-508, 17-508.02, 17-802, 17-925.01 through 17-925.04, 18-501(1), 18-501(2), 18-501(3), 18-501(4), 18-502, 18-503, 18-504, 18-506, 18-506.01, 18-508, 18-509, 18-1803 through 18-1805, 19-1305 through 19-1307